I was not at fault – it was an elderly woman who took out 3 other vehicles.

I have had upper neck pain (base of skull) and horrible evening headaches since the accident. I went through about 4 months of physical therapy and on and off chiropractic work. (I don’t know the medical costs although I would guess around $3000? – bills have all been covered by the insurance company)

The headaches aren’t gone, but are infrequent enough that my own insurance could cover the chiropractic visits from here out.

My car has already been totaled and I received a lowball NADA value for it.

Any tips for negotiating my settlement? Do they really have a formula based on medical bills? What factors play into my final settlement amount? Keywords?

Not interested in a lawyer and their 30-40% cut!

There were no injuries.

I was in a BMW dealership getting a quote on how much I could trade my car in for. After I got that, I left. After I pulled out of the parking spot, I shifted into drive, and before I could pull forward, one of the employees was backing out of the show room really quickly. He backed right into my front left fender/bumper.

He jumped out, and admitted it was his fault. He then declared that he would have the on site repair shop fix my damage, then he drove off really quickly (I assume to start repairs on the car he has just sold (the one he hit me with)). He came back, and I asked for something in writing stating that he would fix my car. However, while he was gone, i did a more through inspection of my damage, and I noticed he pushed my front bumper back on both sides. Essentially knocking it off. In writing he told me, that he would paint it. At that point, he was still admitting it was his fault, and that he would fix my car.

I told him the damage was more than just “paint”, and he went out to see it. At this point, the dealership manager came walking out. The man who hit me, looked at it, and acknowledged the extensive damage. The manager said, we will fix it. I told the manager that I need it in writing that they will fix all the damage from the accident and not just the paint. The manager said “you have my word”. I asked again, for it in writing, and he continued to to declare “you have my word”.

I realized he wouldn’t give me anything in writing that he would fix all the damage. I asked for his insurance information. This is where things changed a bit. When I asked for that, the manager (who was doing all the talking), started threatening me, with claims of “this is private property”, and “you are the only one at fault because of it”. I told him, so be it, I want your insurance information. He then went back to “you have my word, we will fix the damage”. Note that he had never even hinted at the claim that I was at fault for their damage. He knew it was his drivers fault. I told him again, I need your insurance information. He said “we are not turning this over to insurance, you are at fault, this is private property, you have my word” crap again. I told him, what ever, walked out side and called the cops.

Now for some funny parts of the story. They tried to get the cop to try and get me to leave without filing a police report. (something about, not being able to sell the car, because with a report, it is no longer a “certified preowned” or some crap). I refused, and asked the officer for a police report. While I was talking to the officer, one of the office guys, went into my car, and tried to find the piece of paper that the man who hit me gave me, stating they would fix my car. He couldn’t find it, officer demanded he not go in my car again.

While the officer was talking to the man who hit me, the manager (remember, the guy who threatened me with “this is private property”), came up to me, and started threatening me again. He started saying “I tried to be nice, but now, I am going to sue you and make you pay for our damage”. Without me knowing, the manager had the guy who hit me, change his story to I drove into him IE, I drove forward into his car, not that he backed into me…

The officer had no part of that. I told the officer he was threatening me, and i told him what the manager was saying. The officer called over the manager, and asked him a few questions. His answers coincided with what I told the officer he said, and the officer told him what he was doing was in line with “witness intimidation” and if he does it again, he is going to charge him. Long story short, officer wrote up the report, noted that he offered to fix my car. He also reported that the BMW dealership employee was at fault. In addition to that, the driver who hit me, had a revoked drivers licensee (that was also in the report =/). All things pointing to the truth (he hit me) except for the empty claim that I drove into him. No way his claim would hold up, because I would have had to drive into his car, from a stop in a parking lot. Note that he still said he backed up. So in addition to that, he would have had to see me drive into him, while he was backing up… Whole in his story, why would he continue to back up, if he saw me coming forward.

So ya, the police report says his fault.

I filed an insurance claim with the dealerships insurance agency. They sent out of a guy to get an estimate. He got it, and sent it back.

!!!! Important part, where I am now!!!!
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That is where I am now (well it started about 2 weeks ago). The insurance claim guy, is refusing to pay the claim until the employee contacts him. Prob

David

Immediately after the accident, paramedics took her to E.R. on a backboard. The E.R. did not take any x-rays but prescribed her with pain pills and gave her a tetanus shot for the superficial glass cuts. However, she had to go through the urgent care with a total of 4 visits (follow ups) and also through 5 sessions of physical therapy. She also missed several days at work(about 4-5 days) after the accident.

When the insurance adjuster finally had a quote and mention the pain and suffering compensation, she acknowledged the traumatic effect of the accident(as a result of the recklessness of the driver at fault) and the pain she went through and such…but it seemed very low ball. The settlement for pain and suffering alone was only $2,500. It was a real shock for my friend considering everything from the pain, inconvenience, the mental anguish, etc. She neither accepted it or denied yet.

What are the best ways to come back at this adjuster in an effort to get her to raise the compensation for pain and suffering….whether it be a letter of demand and/or verbally countering the adjuster? My friend was expecting a minimum of $6500, to a max of $10,000 for pain and suffering only(aside from medical bills and wage loss)… thanks.